SMITH v. LIPPMANN

No. D-1772.

826 S.W.2d 137 (1992)

Gilbert SMITH, Petitioner, v. Rae LIPPMANN, Respondent.

Supreme Court of Texas.

Rehearing Overruled April 22, 1992.


Attorney(s) appearing for the Case

Richard G. Baker, Liberty, for petitioner.

Elwood Cluck, San Antonio, for respondent.


PER CURIAM.

This case involves an appeal from a default judgment granted in a trespass to try title lawsuit. We hold that the petitioner sufficiently answered the respondent's service of citation and therefore deserved notice of any subsequent proceedings, including the default judgment hearing. Thus, we reverse the judgment of the court of appeals and remand this cause for a trial on the merits.

On March 31, 1989, Rae Lippmann sued Gilbert Smith in a trespass...

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